SRIS India lead attorney Atchuthan Sriskandarajah
Atchuthan Sriskandarajah, Esq. is the founder of Law Offices of SRIS, P.C., a US law firm practicing since 1997. Mr. Sriskandarajah is admitted to practice law in Virginia, Maryland, the District of Columbia, New Jersey, and New York. He leads the firm’s US-India cross-border practice from the firm’s Virginia principal location, serving clients whose legal matters involve both the United States and India. Law Offices of SRIS, P.C. is a US law firm with an international clientele. The firm provides US-side counsel on matters where Indian parties, assets, or legal questions intersect with US law, including immigration, family law, business transactions, and document authentication. Mr. Sriskandarajah’s background includes testimony before the Virginia House Courts of Justice Committee in support of 2019 HB 635, reflecting a sustained engagement with the legislative process that shapes the legal landscape in which cross-border matters arise.
US-India Cross-Border Legal Matters
Law Offices of SRIS, P.C. provides US-side legal counsel on matters where US law intersects with Indian parties, assets, or legal questions, including immigration, family law, business formation, and cross-border document authentication. For individuals and businesses with connections to both countries, navigating the legal frameworks of two distinct common-law systems requires an understanding of how US federal and state law interacts with Indian statutory regimes. The firm addresses the US-law dimension of these matters. Common cross-border scenarios include an Indian national seeking a US visa or permanent residence, a US citizen marrying in India and needing the marriage recognized in a US state court, a business with operations in both countries requiring US corporate structuring, or a family law matter where one parent resides in India and the other in the United States. Each of these situations involves US legal questions that the firm handles directly, while the Indian-law side, where applicable, is addressed through separate Indian-admitted counsel.
India and the United States are both contracting parties to several Hague Conference conventions that facilitate cross-border legal cooperation. India has been a contracting party to the 1961 Hague Apostille Convention since 14 July 2005, meaning public documents issued in either country may be authenticated by apostille rather than consular legalization. India is also a contracting party to the 1965 Hague Service Convention, in force for India since 2007, though India has objected to Article 10, requiring service of process through India’s designated Central Authority. India is not a contracting party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction, which means the Convention’s return mechanism does not apply to a child wrongfully removed to or retained in India. These treaty relationships define the procedural pathways available for cross-border legal matters between the two countries.
How US-India Legal Matters Are Structured
Cross-border legal matters involving the United States and India are structured with a clear jurisdictional division: US-admitted counsel handles the US-law dimension, and India-admitted counsel handles the Indian-law dimension. This division reflects the distinct bar admission requirements of each country. Mr. Sriskandarajah is admitted in five US jurisdictions and provides US-side counsel directly. For the Indian-law component of a matter, separate counsel admitted by the Bar Council of India is engaged. The two sides coordinate as the matter requires, but each attorney practices only within the jurisdiction where they are admitted. This structure applies across the firm’s US-India practice areas. In an immigration matter, the US-admitted attorney prepares and files the USCIS petition while the client separately consults Indian counsel for any Indian-law questions. In a family law matter, the US-admitted attorney handles the US court proceeding, and Indian-admitted counsel addresses any parallel proceeding in India. The firm’s role is to provide the US-side representation and to facilitate coordination with Indian counsel where the client’s matter spans both countries.
India’s legal system underwent significant statutory reform effective 1 July 2024, when the Bharatiya Nyaya Sanhita, 2023 (BNS) replaced the Indian Penal Code, 1860 (IPC), the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) replaced the Code of Criminal Procedure, 1973 (CrPC), and the Bharatiya Sakshya Adhiniyam, 2023 (BSA) replaced the Indian Evidence Act, 1872. These changes modernized India’s criminal substantive law, criminal procedure, and evidence law respectively. For US-based clients with matters touching on Indian criminal or procedural law, awareness of these statutory replacements is important because references to the former IPC, CrPC, or Indian Evidence Act in older documents or agreements may now correspond to different section numbers under the new codes. The firm stays informed of these developments as part of its US-India cross-border practice, ensuring that US-side advice accounts for the current state of Indian statutory law where relevant to the US-law dimension of a matter.
About Atchuthan Sriskandarajah
Atchuthan Sriskandarajah, Esq. is the founder of Law Offices of SRIS, P.C., which he established in 1997. He is admitted to practice law in Virginia, Maryland, the District of Columbia, New Jersey, and New York. Mr. Sriskandarajah testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova), the bill that became the 2019 revision to Va. Code § 20-107.3(g). He was also involved in the introduction of Virginia House Joint Resolution HJR 573 (2017), recognizing Pongal Day in the Commonwealth. Mr. Sriskandarajah leads the firm’s US-India cross-border practice, drawing on his understanding of both US law and the legal and cultural context relevant to clients with ties to India. The firm’s Virginia principal location serves as the base for its US-India practice, and all consultations are by appointment.
Frequently Asked Questions
What types of US-India cross-border legal matters does the firm handle?
Law Offices of SRIS, P.C. handles the US-law dimension of cross-border matters involving India, including US immigration, family law, business transactions, and document authentication. For US immigration, the firm assists Indian nationals with visa petitions, adjustment of status, and naturalization before USCIS. In family law, the firm addresses US-side divorce, child custody, and spousal support matters where one party resides in India. For business clients, the firm provides US corporate structuring and transactional counsel for enterprises with cross-border operations. Document authentication under the 1961 Hague Apostille Convention is also a routine component of the practice. The Indian-law dimension of any matter is addressed through separate India-admitted counsel.
Is Mr. Sriskandarajah admitted to practice law in India?
Mr. Sriskandarajah is not admitted to practice law in India; he is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York, and provides US-side counsel on cross-border matters. Admission to practice law in India requires enrollment with a State Bar Council under the authority of the Bar Council of India. Mr. Sriskandarajah’s practice is limited to US federal and state law. On matters requiring representation under Indian law, separate counsel admitted by the Bar Council of India is engaged. This jurisdictional division ensures that each aspect of a cross-border matter is handled by an attorney licensed in the relevant jurisdiction. The firm’s role is to provide the US-law representation and to coordinate with Indian counsel as the client’s matter requires.
How does the Hague Apostille Convention apply between the US and India?
Both the United States and India are contracting parties to the 1961 Hague Apostille Convention, which means public documents from one country may be authenticated for use in the other by obtaining an apostille from the issuing country’s competent authority. India acceded to the Convention effective 14 July 2005. For a US public document destined for use in India, the apostille is issued by the competent authority in the US state where the document originated. For an Indian public document destined for use in the United States, the apostille is issued by the Indian authority designated under the Convention. Apostille authentication replaces the older chain-legalization process for documents moving between the two countries, simplifying cross-border document recognition for matters such as marriage certificates, educational credentials, and corporate records.
How is service of process effected between the US and India?
India is a contracting party to the 1965 Hague Service Convention, in force for India since 2007, and service of process from the United States to India must be made through India’s designated Central Authority. India has objected to Article 10 of the Convention, which means service by postal channels or by private process server is not permitted. The proper procedure is to transmit the service request through India’s Central Authority, which arranges service under Indian law. The timing of service depends on the Central Authority’s processing. For service from India to the United States, the requesting party proceeds through the Indian Central Authority to the US Central Authority. This mechanism provides a uniform procedural framework, though the specific requirements and timelines vary.
What legal framework applies to international child custody matters involving India?
India is not a contracting party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction, so the Convention’s return mechanism does not apply to a child wrongfully removed to or retained in India. In cases where a child has been taken to India without the other parent’s consent, the legal recourse does not include a Hague return petition. Instead, the matter proceeds under Indian custody law through the Indian courts, with representation by India-admitted counsel. On the US side, a parent may seek relief in US courts, including custody orders and orders addressing parental abduction. Because the two countries do not share a treaty-based return mechanism, these cases require coordinated legal action in both jurisdictions, with each side handled by counsel admitted in the respective country.
How does US law recognize marriages performed in India?
Under the doctrine of lex loci celebrationis, a marriage validly contracted under the law of the place where it was celebrated — including a marriage performed in India in compliance with Indian law — is presumptively recognized as valid by US courts, subject to narrow public-policy exceptions. This means that if a marriage was legally performed in India under the applicable Indian statutory or personal law, a US court will generally recognize it without requiring the parties to remarry in the United States. The party seeking recognition typically needs to authenticate the marriage certificate. Because both countries are contracting parties to the 1961 Hague Apostille Convention, an Indian marriage certificate may be authenticated by apostille for use in US proceedings. Recognition may be challenged on limited grounds, such as if the marriage violates a strong public policy of the forum state.
What changes did India make to its criminal laws effective July 2024?
Effective 1 July 2024, India replaced its three principal criminal statutes: the Bharatiya Nyaya Sanhita, 2023 (BNS) replaced the Indian Penal Code, 1860 (IPC); the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) replaced the Code of Criminal Procedure, 1973 (CrPC); and the Bharatiya Sakshya Adhiniyam, 2023 (BSA) replaced the Indian Evidence Act, 1872. These reforms represent the most comprehensive overhaul of India’s criminal law framework since the colonial era. For US-based clients with matters touching on Indian criminal or procedural law — such as cross-border family disputes with criminal allegations, business fraud matters, or evidence-gathering for US proceedings — the statutory renumbering means that references to former IPC, CrPC, or Evidence Act sections in older documents may now correspond to different BNS, BNSS, or BSA section numbers. Current Indian legal references should use the new codes.
How does the firm approach US immigration matters for Indian nationals?
Law Offices of SRIS, P.C. provides US-side immigration counsel to Indian nationals seeking visas, lawful permanent residence, or naturalization before USCIS and US consular posts. The firm prepares and files the relevant USCIS forms, including I-129 petitions for employment-based nonimmigrant classifications, I-130 family-based petitions, I-140 employment-based immigrant petitions, and I-485 adjustment of status applications. Mr. Sriskandarajah, as a US-admitted attorney, serves as attorney of record on matters before US immigration authorities. The firm’s US-India practice includes familiarity with the procedural and documentary considerations common to Indian-national applicants, such as the authentication of Indian civil documents under the 1961 Hague Apostille Convention and the coordination of US immigration filings with any parallel Indian legal matters the client may have.